While the content of a contract of indefinite duration remains fluid, a collective agreement applicable to the activity of an undertaking may contain provisions which must be incorporated into the employment contract and applied in the context of the employment relationship. The number of delegates and alternates varies according to the number of employees and can be changed by agreement. The larger the workforce, the greater the number of representatives. Foreign employers who send their employees to France are subject to the same legal, regulatory and contractual provisions that apply to workers who work for similar companies established in France, including laws and regulations with regard to: French employers are required to comply with various mandatory rules, such as.B. French labour law (interpreted by case law), sectoral national collective agreements (KNA), company collective agreements, employment contracts and customs duties. There is also a specific regulation of working time, both flexible and annualised, which consists of a fixed number of working days per year (“days package”). When a worker is subject to working time regulations, his working time is calculated in working days and not in weekly hours, and remuneration is a lump sum that does not vary according to the number of hours worked per week.15 This system is particularly suitable for managers who enjoy greater autonomy in the organization of their work plan and who are not always able to: To stick to it. by collective working hours. This type of agreement has been extended to non-managers whose functions require autonomy in the performance of their work.
In practice, it is advisable to formalize the agreement in a written employment contract to ensure that the parties know and accept the working conditions and to allow the employer to add specific clauses such as a trial period and, where appropriate, a non-competition clause. In companies with 11 to 24 employees, the works council is composed of a delegate and an alternate. In companies with 25 to 49 employees, it is composed of two delegates and two alternates35 The provisions relating to the number of elected representatives may be modified by mutual agreement, as well as the number of hours of delegation granted to them. Meetings must be held at least once a month. The reform adopted by Law No. 2017-1340 of 15 September 2017 restructured the relationship between den CKV and the collective agreements of companies. In all aspects of labour law, this Act gave priority to company agreements over industry-wide cost-benefit offers, with the exception of 13 points where the cost-benefit company takes precedence over company agreements (including issues relating to minimum wage, classification, working time measures, their distribution and adaptation, the duration and renewal of fixed-term contracts). On all other points, collective agreements concluded at company level may contain provisions that differ from those of the company costs/benefits in force.
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